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Weird Laws in Texas: 15 Laws You Didn’t Even Know Exist

Texas, known for its larger-than-life persona, has a fair share of quirky and sometimes downright bizarre laws on the books. From requiring your horse to have taillights for nighttime rides to needing a permit for walking barefoot, these laws are a testament to the Lone Star State’s unique character. Buckle up, folks, as we dive into 20 weird laws in Texas that will leave you scratching your head.

1. It’s Illegal to Sell Your Eye

In Texas, it is illegal to sell or buy an eye from a living person. This law, found in the Texas Penal Code Section 48.02, aims to prevent the exploitation of human body parts for financial gain.

2. Prohibited to Drive Close to Alcohol

In Lubbock, there’s a regulation that prohibits driving within an arm’s reach of alcohol. This law aims to curb drinking and driving by ensuring alcohol is not accessible to the driver. Interestingly, this rule also extends to alcohol present in another person’s bloodstream. So, if you are the designated driver, your best bet is to seat your passenger in the back or have particularly short arms.

capitol building in austin3. A Century-Old Law Still Causing Problems

While many of these peculiar laws are relatively harmless, some outdated regulations can be quite detrimental. A prime example is the Limited Liability Act of 1851, which was designed for a maritime industry that lacked modern weather forecasting and satellite communication. This law limited the liability of maritime companies to the value of their ship in the event of a disaster at sea.

In present times, this outdated law is still used to deny maritime workers their rightful compensation when employers send them into hurricanes or abandon them in perilous situations. Though it no longer fits the context of modern maritime operations, some of the largest maritime companies still exploit this antiquated law.

4. Marriage by Public Declaration

In Texas, you can be legally married through common law marriage, which requires the couple to make three public declarations of their marriage. Interestingly, one spouse does not even need to be present at the ceremony for the marriage to be valid.

The conditions are:

  • Both individuals must willingly agree to the marriage;
  • The individuals must not be related to each other;
  • Both must be at least 18 years old.

5. Your Horse Must Have Taillights

Occasionally, a bizarre law has a practical side. In Texarkana, it’s only permissible to ride your horse at night if it is equipped with taillights. As safety advocates, we have to acknowledge that this is actually a sensible precaution.

6. Windshield Wipers Mandatory (Even Without Windshields)

Interestingly, Texas law does not mandate having a windshield; however, the state does require that all vehicles have functioning windshield wipers.

7. No Selling Liquor on Christmas Day

In Texas, it’s illegal to sell liquor on Christmas Day. This law, found in the Texas Alcoholic Beverage Code, is designed to maintain a sense of reverence and a family-friendly atmosphere during the holiday season.

8. No Emitting Odors in the Elevator

In Port Arthur, TX, there’s a law against emitting obnoxious odors in an elevator. This could refer to various types of emissions, but there’s one especially unpleasant odor that everyone would prefer to avoid in such a confined space.

9. Unlawful to Speak Profanity Over the Phone

Back in 1948, Texas decided to crack down on potty mouths by making it illegal to use profane language on the phone. So, next time you’re raging about a slow internet connection or an automated customer service line, remember that in the Lone Star State, at one point, you could have technically landed yourself in hot water. Imagine if this law applied to text messages or social media – the internet would be a much quieter place!

10. Limitations on Possession of Multiple Sex Toys

In Texas, it is illegal for a retailer to sell or promote more than five sex toys. This stems from Section 43.21 of the Texas Penal Code, enacted in 1973, which prohibits the sale or promotion of “obscene devices” such as dildos and artificial vaginas. The law, last updated in 2003, criminalizes the possession of six or more such devices, presuming an intent to promote them.

11. No Driving Someone to Get an Abortion

In Mitchell, Cochran, Goliad, and Lubbock Counties, it is illegal to drive someone else to get an abortion. In an attempt to intimidate women from leaving the state to get an abortion in bordering states where it is still legal, these four Texas counties passed laws allowing private citizens to sue persons who aid people seeking an abortion by driving them on their roadways. Ironically, in Lubbock County, it does not apply to the city roads including the main city–Lubbock–but only to the country-controlled unincorporated areas.

12. Spittoons Required

In El Paso, there’s an old law mandating spittoons in various public places such as churches, assembly halls, hotels, banks, stores, train depots, and saloons. The law specifies that spittoons must be sufficient in both type and quantity to effectively contain any spit, meaning even one spittoon might suffice today.

Although the exact origin of this law is unclear, it’s easy to imagine that El Paso once faced a public spitting problem. Thankfully, this law is largely obsolete now.

13. Permit Required to Walk Barefoot

In some Texas cities, you need to fork over $5 for a permit to stroll around barefoot. Skip the permit, and you’re violating the city’s code for “sanitation and appearance.” So, if you’re planning to unleash your inner hobbit, be sure to budget for that barefoot license!

14. No Eating Your Neighbor’s Garbage

In some Texas towns, it’s illegal to rummage through your neighbor’s trash for food or any other items. Doing so can lead to charges of property theft and trespassing. So, if you’re feeling peckish, it’s best to avoid your neighbor’s garbage bins to stay on the right side of the law.

15. No Firecrackers, Confetti or Whips

It’s unclear what prompted this regulation, but in Borger TX, it’s illegal to throw confetti, rubber balls, and firecrackers within city limits.

These weird and quirky laws in Texas showcase the state’s unique character and rich history. While some may appear outdated or downright bizarre, recent ones such as the abortion travel law and the fact that all of these are still in effect show that Texas lawmakers are still marching to the beat of their own drum.

At Simmons and Fletcher, we are well-versed in Texas law and ready to help you with any personal injury cases, ensuring you get the expert guidance and representation you deserve.

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